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The law

Regulatory Reform (Fire Safety) Order 2005

It is the fire safety law that always applies to the common parts of a block of flats: it names who is responsible and requires a fire risk assessment.

Every block of flatsChecked against legislation.gov.uk on .
On this page

In short

  • The responsible person for the common parts must make a suitable and sufficient assessment of the fire risks, and act on it (arts. 3 and 9).
  • Since 16 May 2022 the assessment in a building with two or more homes covers its structure, external walls and flat front doors (art. 6(1A) and (1B)).
  • It is enforced by your fire and rescue authority (art. 25).

Your line

Three example buildings against the 11 metre and 18 metre lines, all marked. The Fire Safety Order applies to the common parts of every block of flats, whatever its height.

The Order applies at every height: all three buildings are covered.Illustrative

Does this apply to my building?

Does the Order apply to my block of flats?

Yes, to its common parts; since 16 May 2022 also to its structure, external walls and flat front doors (art. 6(1A) and (1B)).

Who is the responsible person?

In a workplace, the employer if it is under their control; otherwise the person who controls the premises for a trade, business or other undertaking, and failing that the owner (art. 3).

What you need to do

  1. Make a suitable and sufficient assessment of the fire risks (art. 9(1)).

  2. Include the structure, external walls and flat front doors where the building has two or more sets of domestic premises (art. 6(1A) and (1B)).

  3. Act on what the assessment finds, as the Order requires (arts. 8 to 22B).

The detail

How does the Order sit beside the Building Safety Act 2022?

Side by side: in a higher-risk building the responsible person keeps the Order's duties, and the accountable persons have the Act's duties (Building Safety Act 2022 ss.72 and 73).

Building Safety Act 2022
Is a fire risk assessment the same as an external wall appraisal?

No: the fire risk assessment is the legal duty (art. 9); a fire risk appraisal of the external walls (FRAEW) is a separate appraisal made under a BSI code of practice.

External wall appraisals (FRAEW)

What changed and when

  1. 16 May 2022: art. 6(1A) and (1B), added by the Fire Safety Act 2021, come into force in England.
  2. 23 January 2023: the Fire Safety (England) Regulations 2022, made under art. 24, add duties for blocks of flats.

Penalties

How Golden Ledger helps

When your council sends you a letter, Golden Ledger keeps one clear record of your building, which your council reviews. It asks for your fire risk assessment: its date, who carried it out and the report itself. See when your council has reviewed your submission.

Sources and checked date

Checked against legislation.gov.uk on . What has changed

General information, not legal advice. Golden Ledger shows which rules and funding routes may apply, based on your answers. A qualified professional should confirm them. Golden Ledger does not enforce the law, is not the Building Safety Regulator and does not give legal advice. Your council reviews what you send. Fire safety law is enforced by your fire and rescue authority. In higher-risk buildings, the Building Safety Regulator also enforces the duties in Part 4 of the Building Safety Act 2022.

Got a letter from your council?

Enter the code to claim your building. It is free for owners.